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HomeMy WebLinkAbout52527-Z TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 52527 Date: 12/09/2025 Permission is hereby granted to: Tamar Mebonia 53750 CR 48 Southold, NY 11971 To: legalize "as built"additions and alterations to an existing single-family dwelling as applied for per ZBA approvals with flood permit. Additional certifications will be required. Premises Located at: 53750 CR 48, Southold, NY 11971 SCTIVI# 52.-2-17 Pursuant to application dated 12/08/2025 and approved by the Building Inspector. To expire on 12/09/2027. Contractors: Required Inspections: Fees: As Built Alteration $1,354.00 CO-RESIDENTIAL $100.00 Flood Permit $150.00 Total S1,604.00 ding Inspector TOWN OF SOUTHOLD —BUILDING DEPARTMENT Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 Telephone (631)765-1802 Fax (631) 765-9502 tr) _ ,,� F. outhc dto-vn ® Date Received APPLICATION For office Use only ? Unj` PERMIT NO. �I� Building Inspector: -- Applications and forms must be filled out in their entirety.Incomplete applications will not be accepted. Where the Applicant is not the owner,an owner's Authorization form(Page 2)shall be completed. Date:11.26.24 OWNER(S)OF PROPERTY: Name:Tamar Mebonia SCTM#1000-1000-52.-2-17 Project Address:53750 County Rd. 48 Southold Phone#:1-646-678-8298 Email:tamuna2l@gmaii.com Mailing Address:53750 County Rd. 48 Southold CONTACT PERSON: Name:Joan Chambers Mailing Address:PO Box 49 Southold NY 11971 Phone#:631-2944241 Emailloanchambers10@gmail.com DESIGN PROFESSIONAL INFORMATION: Name:Lou Schwartz Mailing Address:? Ridgewood St, Bay Shore, NY 11706 Phone#031)410-6838 Email:tiderunnereng@gmail.com CONTRACTOR INFORMATION: Name:owner Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure ❑Addition Alteration *Repair ❑Demolition Estimated Cost of Project: ❑other interior renovation & deck structure repair &_replacement. St( Will the lot be re-graded? ❑Yes *No Will excess fill be removed from premises? []Yes f-OlNo 1 PROPERTY INFORMATION Existing use of property:single family Intended use of property:same Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to r-40 this property? ❑Yes NNo IF YES, PROVIDE A COPY. Check Box After Reading: The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by Chapter 236 of the Town Code. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code, housing code and regulations and to admit authorized inspectors on premises and In buildings)for necessary inspections.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. Application Submitted By(print name):Joan Chambers IlAuthorized Agent ❑Owner Signature of Applicant: Date: STATE OF NEW YORK) SS: COUNTY OF ) Joan Chambers being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)he is the Agent (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this day of .20 Notary Public PROPER- - AUTHORUATION (Where the applicant is not the owner) Tamar Mebonia residing at 53750 County Rd. 48 I, do hereby authorize Joan Chambers to apply on my-behal to the Torn of Southold Building Department for approval as described herein. 0\ Owner's Signature Date Tamar Mebonia Print Owner's Name 2 P SURVEY .OF PROPERTY SITUATE ARSHAMOMAQUE : TOWN. 'OF SOUTHOLDU�NTY NEW Su "g �FFOLK CO YORK S.C. TAX No. 1000-52-02-17 SCALE 1"=20' " DECEMBER 27, 2021 " w AREA - o'io sq. . N "* ^Ca rr�•n - c. F ERTInm TAMAR NEBO NIA * ROUNDPOINT MORTGAGE SERVICING CORPORATION CHICAGO TITLE INSURANCE SERVICES. U.0 00 �4 ► r0,,at ' w r I " coo. AWNAn Samebr T4: 1 ydvpl�y.�Sl"�P Land 'y LL • �� a J i A„pq�„L& 0� 11 w FNONE(�f wmo _ I=(e31)727-17V, Boss a LOOM AT W&W sm mah Rod PA am ie am Em1W1.iNN".'a aNnar aW' �.,,, Jnpat.Now Tole ilw Ja m"O.Nw Yak 11%7 . E-Ik!Mbn6''laaa.can BOARD MEMBERS �j Southold Town Hall 13V Leslie Kanes Weisman, Chairperson , � 53095 Main Road• P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. Office Location. Nicholas Planamento Town Annex/First Floor Margaret Steinbugler 54375 Main Road(at Youngs Avenue) Sou svib http://southoldtownny.gov ?P ZONING BOARD OF APPEALS JUG 2 9 2025 TOWN OF SOUTHOLD Tel. (631) 765-1809 0U FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 24,2025 ZBA FILE: #8024 NAME OF APPLICANT: Tamar Mebonia PROPERTY LOCATION: 53750 County Road 48, Southold, SCTM No.1000-52-2-17 SEQE DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. Sf F OLK COUNTY ADMfNIS"1 RATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DET R rIINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACT S/DE CRIPTION: The subject nonconforming 4,500 square foot property is located in the Residential R-40 Zoning District. The northerly property line measures 50.00 feet and is adjacent to County Road 48, the easterly property line measures 90.18 feet, the southerly property line measures 50.00 feet and the westerly property line measures 90.18 feet and is adjacent to Beverly Road which is a private 20 foot wide road. The parcel is improved with a one-story frame dwelling with a raised wood deck over a concrete patio adjacent to Beverly Road. The dwelling is on a corner lot surrounded by three roads and having three front yards as shown on the survey map prepared by Nathan Taft Corwin III, LS and last revised April 16, 2025. BASIS OF APPLICATION: Request for Variances from Article XXIII, Sections 280-124 and.the Building Inspector's May 6, 2025, amended May 0, 2025 Notice of Disapproval based on an application for a permit to legalize an"as built"deck addition to an existing single-family dwelling: at: 1)less than the code required minimum secondary front yard setback of 20 feet,2) more than the code permitted maximum lot coverage of 20%; located at 53750 County Road 48, Southold, NY. SCTM No. 100-52-2-17. RELIEF REQ ESTE - The applicant requests variances to legalize an"as built''deck addition to an existing single- family dwelling.The"as built"construction,on this nonconforming 4,500 square foot lot located in the R-40 Zoning District:is not permitted pursuant to Art-,Cie XX II, Section 280-124,which states that lots measuring less than 20,000 square feet in total size require a secondary front yard setback of 20 feet and the maximum lot coverage of 20%. The secondary front yard setback (Beverly Road) is at .7 feet and the lot coverage is at 38.7%. ADDITIONALINFORMATION- That deck was replaced by the applicant without applying for a permit and variance. While work on the dwelling was done over the years by previous owners, the current property owners/applicants claim they were unaware that it had been done without the required building permits or pre-CO when they acquired the property. A Pre CO for the subject property was issued on January 10, 2022 indicating Page 2, July 24, 2025 48024, Mebonia SCTM No. 1000-52-2-17 violations for construction without permits by the previous owner which was prior to the applicants' purchase of the property on 1/21/22 The prior owners were in foreclosure which now necessitates the applicant to obtain permits and a new variance. A Stop Work Order was issued by the Town's Ordinance Inspector on August 7, 2024 for violations which included the deck construction, window and door replacement, and the installation of new electric service Letters of support from neighbors were sent to the Board in support of approving the legalization of the "as built" deck. No letters or testimony in opposition were received. F1NlIsIOS O FAC I'R1 ASONS fOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 10, 2025 at which time written and oral evidence were presented. Based upon all testimony, documentatiom personal inspection of the property and surrounding neighborhood,and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: I. Town Law 267-b( )(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The parcel is on a corner lot surrounded by three roads and having three front yards.CR 4 is a major,well-traveled road.Old Cove Boulevard is a Right of 'a and is partially on the applicant's parcel (10 feet) along the rear yard, and Beverly Road, also a private 20 foot wide Right of Way that is shared ley three other homes. The subject dwelling uses 10 feet of Old Cove Boulevard for their driveway and parallel parking. One neighbor has their boat parked at the end of the right of way. The parcel has almost no useable outdoor space and the previous owner built the elevated deck next to Beverly Road. All the lots in this neighborhood pre-date zoning are pre-existing nova-conforming, There are other raised decks on nearby homes that have been built to gain outdoor space on these small lots. Most properties have excessive lot coverage and small, non-conforming setbacks. The neighborhood is going through change and the applicant has worked to clean up the property, for the betterment of the neighborhood. 2. Town Law 267-b( )(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area.variance. There is insufficient room on the subject parcel to construct any deck addition without requiring variances. 3. Town Law 267-W)(b)( ). The variances granted herein are mathematically substantial, representing 96.50% relief from the code for the secondary front yard setback, and 93.50% relief for the lot coverage. However, homes on this street predate the adoption of the Zoning Code. The road frontage parcels were originally zoned commercial (motel use), but are now zoned R-40 Residential,requiring 40,000 sq.ft.for lot creation. All the lots are substantially less than one acre. 4. Town Law 267_b )(b)(4), No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 51 Town. Law §267-b( )(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the Iimitations on the use of the parcel under the,Zoning Code in effect prior to or at the time of purchase. 6. Town Law 267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a rebuilt deck while preserving and protecting the character of the neighborhood and the health, safety°and welfare of the community. Page 3, July 24, 2025 #8024, Mebonia SCTM No. 1000-52-2-17 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora, seconded by Member Weisman (Chairperson), and duly carried, to GRANT the variances as applied for, and shown on the survey map prepared by Nathan Taft Corwin, III, L.S. and last revised April 16, 2025; and the Architectural Plan prepared by Louis Schwartz, L.P.E., last revised November 22, 2024. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The as built deck shall remain unenclosed and remain open to the sky_ This approval shall not be deemed effective until the required conditions have been met. At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the ri-ht to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree ofraonconforxnity,ttrovided de minimis reliefis reaaJested within one year ofthe date ofthrs decision. Ara titrae a er one year the Board may require a new a ration. 1,y1PORTANT LIMITS ON THE APPROVA S)GRANTE-DHEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision,or work exceeding the scope of the relief granted herein, will result in delays andl'or a possible denial ky the Building Department of a building permit an dlbr the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited above,such as alterations,extensions, demolitions,or demolitions exceeding the scope of the reliefgranted herein,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expresso addressed in this action. TIME REMITS ON THIS APPROVAL., Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE CO PL. icE WITH THIS CODE REQUIIRED TIME FRAfME DESCRIBED HEREIN..Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals. Vote OpAe Board: Ayes: Members Weisman(Chairperson), Planamento, Acampora, Lehnert and Steinbugler. (5-0) Leslie Kanes `eisman, Chairperson Approved for filing /l /2025 SURVEY OF PROPERTY LOT COVERAGE SIT UA TE n_v DESCRIPTION AREA % LOT COVERAGE ARSHAMOMAQUE 1�T HOUSE 1,514 sq. ft. 33.6% TOWN OF SOUTHOLD c= FRONT DECK 40 sq. ft. 0.9% SUFFOLK COUNTY, NEW YORK DECK, STEPS 187 sq. ft. 4.2% S.C. TAX NO. 1000-52-02- 17 & LANDING TOTAL 1,741 sq. ft. 38.7% SCALE 1 "=20' DECEMBER 27 2021 a e + FEBRUARY 19, 2025 ADD PROPOSED DECK APRIL 16, 2025 FINAL SURVEY ON DECK m - AREA = 4,500 sq. ft. �0 0.103 ac. 4 cl, CERTIFIED TO: �� TAMAR MEBONIA ROUNDPOINT MORTGAGE SERVICING CORPORATION 0?'� CHICAGO TITLE INSURANCE SERVICES, LLC $ 06 r, 00 / Q Btu�t copy�,Tl1 2$A S. tgw di 10 tWITH THE MINIMUM „ Q ` { €+ STANDAREDSIFOR TITLEACCORDANCE AS ESTABLISHED ° py� O FBYORTHE L.EA.L VED AND ADOPTED li� STATE LAND TmE` OP3tfV .. 1 00.9 , 10 ; 80 f #� �,�� N.Y.S. Lic. No. 50467 O THIS SURVEY ALTERATION OR ADDITION Nathan Taft Corwin Ill TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE / EDUCATION LAW. �L ' COPIES OF THIS SURVEY MAP NOT BEARING Land Surveyor 0 THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. Successor To: 5tanle J. Isaksen, Jr. L.S.Josep A. Ingegno L.S. O - CERTIFlCATIONS INDICATED HEREON SHALL RUN i� 0; ONLY TO THE PERSON FOR WHOM THE SURVEY Title Surveys — Subdivisions — Site Plans — Construction Layout 1D - IS PREPARED, AND ON HIS BEHALF TO THE TLTLE COMPANY, GOVERNMENTAL AGENCY AND 631 Fax 727-1727 <f LENDING INSTITUTION LISTED HEREON, AND PHONE (631)727-2090 ( ) TO THE ASSIGNEES OF THE LENDING INSTI— OFFlCES LOCATED AT MAILING ADDRESS 1 TllT10N. CERTIFICATIONS ARE NOT TRANSFERABLE. $1y` 1586 Main Road James ort, NewX 16 Yo k 11947 THE EXISTENCE OF RIGHT OF WAYS Jamesport, New York 11947 p AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. E—Mail: NCorwin3®aol.com